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A FEW NOTES 



ON THE 



SHAYS REBELLION. 



BT 



JOHN NOBLE. 



Reprinted from the Proceedings of the American Antiquarian 
Society, October 21, 1902. 



'mmmtt, Pai^^., ^. jl. gl. 

PRESS OF CHARLES HAMILTON, 

No. 311 Main Street. 

1903. 



rs s ... . 









A FEW NOTES ON THE SHAYS REBELLION. 



The story of this startling episode in Massachusetts his- 
tory is in its general features well known. The causes 
that led to this rebellion are plainly apparent : — the con- 
ditions, public and private, prevailing in the State after 
the close of the Revolution, — the State burdened with 
an immense debt, its annual tax a million, the impo- 
sition of special taxes to meet current interest, its 
resources scanty, public credit impaired, indebted to 
its own soldiers, — a third or so of the whole patriot 
army, — more than half a million dollars, the condition 
of the currency affecting all interests, money scant, 
the present disturbed, the future uncertain, general un- 
rest and uneasiness among a considerable part of its 
citizens, private embarrassments and difficulties even 
greater and more keenly felt, the debtor class increasing, 
debts piling up and means lessening, the relentless ex- 
actions of creditors, the persecutions of too many unscru- 
pulous lawyers, the lower courts crowded with suits, — 
some two thousand pending at one time in a single 
county, consequent judgments numerous and oppressive, 
levies thereon distressing, the del)tor willing it may be 
but helpless, the unwise enforcement of processes, too 
often the well-to-do made poor, and the poor made beg- 
gars, no stay law to protect, discontent and want and 
suffering in many quarters, grievances fancied as well as 
real stirring up the people, dissatisfaction magnifying 
present troubles and foreboding worse, complaints spring- 
ing up about the courts, the lawyers, the fees, the salaries 
of officials, the Senate and even the Constitution of the 



State, complaints in short of all sorts and kinds, — the 
ominous mutterings of the coming storm. 

The outbreak, — occasional uprisings and disorders, the 
August Conventions, faith in legitimate methods of relief 
weakening, the rising and increase of the mob spirit, the 
growth of mistaken and blind notions of remedy, con- 
founding effect with cause, popular passions too often, as 
will always be the case, played upon by demagogues, dis- 
orders, commotions, riots, occurring here and there, — the 
stopping of the courts, — the mustering in arms, — and 
finally the starting of an actual and open rebellion, limited 
but fierce ; — later the counter movement of the Govern- 
ment, — the trial of pacific measures, — then, at last, driven 
to its onl}^ alternative, — the employment of the military, 
and the suppression of the rebellion by force of arms ; 
the ensuing skirmishes and battles, and the final outcome 
of this single and singular event in Massachusetts his- 
tory, — all these have been set out more or less fully in 
local town histories, in the histories of the State, in 
histories of the affair, in the collections of historical 
societies and in other (juarters, — though sometimes the 
economic and industrial conditions of the time, with their 
natural operation and inevitable outcome, seem to have 
lacked full recognition and almost to have been lost sight 
of in the more exciting story of the violent collisions and 
the armed clash of the conflicting elements. 

The judgment of posterity has been passed in one form 
or another upon the whole affair and the actors in it 
on either side, finding at least one common ground of 
concurrence, — that the event was a test and proof of the 
strength of popular government and of the character of 
the people that make up the Commonwealth. 

One side of the Rebellion has perhaps been less gener- 
ally known, and possibly there may be some matters of 
interest in the less conspicuous details of the affair, and in 
the shape in which it presents itself in the records of the 



coui"ts. So I have ventured to brinof here todav a few 
scattered bits, taken almost at random from the great 
mass of papers there preserved. One or two have been 
taken from the different classes of papers, the more 
important, as illustrative of the whole. These show, as 
is so often the case, the great amount of historical material 
lying in the records and files of court, of service not 
merely in the investigation of any particular cause in 
issue, and of legal proceedings and practice at any given 
time, but as well to the local historian, the antiquary, the 
genealogist, the delver into the conditions and circum- 
stances of the past, and the student of jurisprudence. 

The records of the Supreme Judicial Court sitting in 
the Counties of Worcester, Hampshire and Berkshire, 
during this period, especiall}^ in the year 1787, are full of 
recorded cases upon indictments for treason, sedition, and 
variously designated offences connected with the rebellion ; 
and there are also some in Middlesex. In most of them 
the offenders are let off with fines more or less severe, 
upon their recognizances to keep the peace, and many are 
acquitted. The records of 1787 and the minute books of 
that year and the next, show some eighteen to have been 
convicted of treason and sentenced to death. These 
records indicate a trial with all the dignity, solemnitj' and 
impartial firmness, which have always characterized that* 
court ; — and eminent and famous counsel were assigned 
b}'^ the court for the defence of the prisoners, — Simeon 
Strong and Caleb Strong in Hampshire ; Theodore Sedg- 
wick and Caleb Strong in Perkshire ; James Sullivan and 
Levi Lincoln in Woicester ; and Christopher Gore and 
Thomas Dawes in Middlesex. Among the juries appear 
names of many well known and leading men of the time, 
some of which are repeated in those of distinguished men 
of today. 

In Berkshire seven were convicted of high treason 
and sentenced to death: — Peter Wilcox, Jr., Nathaniel 



Austin, Aaron Knapp, Enoch Tyler, Joseph Williams, 
Samuel Rust and William Manning ; in Hampshire eight, — 
Jason Parmenter, Daniel Luddington, James White, 
Alpheus Colton, John Wheeler, Henry McCullock, Will- 
iam Clark, Abiah Converse ; and one more, Timothy 
Hinds, who had pleaded guilty, when brought in for 
sentence exhibited a pardon, which is spread upon the 
records, from the Governor, and is let go without day ; 
one in Worcester, Henry Gale ; one in Middlesex, Job 
Shattuck. 

Besides the extended records of cases which went to 
final judgment, contained in the large and heavy volumes 
which make up what is strictly denominated Court 
Records, there are great numbers of individual papers, 
making what is called the Court Files, consisting of the 
original pleadings in the cases, exhibits, depositions, 
processes, verdicts, bills of costs, and all sorts of miscel- 
laneous matter connected with and concerned in the cases, 
not only those recorded in full, but also those abandoned, 
discontinued, settled or otherwise disposed of, in which 
are often matters of peculiar interest and importance, 
bearing not only upon the causes themselves but also upon 
outside concerns and affairs. 

Shays's Rebellion has its share of these. In the files 
for Worcester County there are indictments of some two 
hundred persons, from September, 1787, to April, 1789, 
for high treason, insurrection, riot, sedition, "seditious 
acts," "treasonable practices," "traitoursly assembling," 
and various offences connected therewith ; and with these 
indictments are numerous papers, such as lists of jurors, 
of witnesses, bills of costs, fee-bills, sheriffs' returns of 
fines collected, recognizances, ete., with some original 
letters used in evidence. Of the recognizances a hundred 
or more are in packages, endorsed " not to be carried for- 
ward," an indication of the beginning of the end of the 
Rebellion. 



Ill Essex County there is a single indictment for sedi- 
tion, and some other cases growing out of the Kebellion, 
to be referred to in another connection. 

In Middlesex County are some fifteen or twenty indict- 
ments for treason and kindred offences. 

In Hampshire County some two hundred persons were 
similarly indicted, and with these indictments are numerous 
papers of the character already mentioned. In the files of 
1789 are some sixty indictments not further prosecuted 
or recorded, and in those of 1790 are some fifty more, in- 
cluding one indictment containing one hundred and fifteen 
names. Each indictment has often or usually more than 
a single name, sometimes many, and this is the case in 
all the counties. 

In the files of the court for Hampshire and Berkshire 
jointly are indictments of some one hundred persons, in 
1787, April and September. Among these come some 
with slightly different designations : — "Assisting insur- 
gents," "rebellion," "riotously, routously and tumultously 
assembling," " traitor," " traitorous conduct," etc. There 
are here over one hundred recognizances entered into by 
defendants who had availed themselves of the indemnity 
offered. 

In the files for these western counties there are also 
printed proclamations of the Governor, and printed copies 
of Acts of the General Court, which were used and played 
their part in the legal proceedings, as shown by the 
various indorsements upon them. 

The outcome of all these legal proceedings, — spread 
out upon the records of the courts or wrapped up in the 
multitudinous papers, — is well known. Formidable as 
they appear in numbers and character, the penal results to 
the offenders are not commensurate. Many of the crimi- 
nals escape with fines, some collected, others not. Most 
took advantage later of the Acts of Indemnity and the 
Executive Proclamations, and, complying with the terms 



8 

imposed, came back as repentant sinners into the fold of 
citizenship. No head fell, no blood was shed in legal 
retribution. In some of the capital cases, occasionally, a 
touch of the dramatic appears in the conduct of the case 
and at its final wind-up. 

Ev en the leaders, few in numbers, and for a while placed 
outside of the pale of the indemnifying acts and exempted 
by name from the terms of grace, were afterward par- 
doned. 

The strength of the government had been shown, the 
solidity of its foundations demonstrated, justice, civil 
and political, had been vindicated, the loj^alt}' of the great 
body of the Commonwealth proved, a judicious and 
politic clemency exercised, a rebellion ended, — and peace 
restored. 

A threatening crisis in the history of the young Com- 
monwealth was safely passed, and its lessons recorded and 
impressed for all time. 

To illustrate this paper two of the extended records 
have been taken from the volumes of records, the one in 
Worcester, the case of Henr}'^ Gale, and the one in Mid- 
dlesex, that of Job Shattuck. 

An indictment for treason prosecuted to its conclusion 
is, happily, almost unique in American history. In these 
indictments of the rebellion there is a touch of the pic- 
turesque in their style, and the rattle of arms seems to 
stir up the dull uniformity and formality of legal precision ; 
" inter artna silent leges," with due reservations. Their 
whole effect is most dignified and impressive. 

To add here the sequel : — It appears from Governor 
Hancock's message of October 17, 1787, that on the 13th 
September he had "sealed a pardon" for these two, Henry 
Gale and Job Shattuck, together with Jason Parmenter 
and Henry McCuUock. 



CASES OF GALE AND SHATTUCK. 
CoMLTH. V. Gale et al. 

At the Supreme Judicial Court of the Commonwealth of 
Massachusetts begun and holden at "Worcester within and for the 
County of Worcester on the last Tuesday of April in the year 
of our Lord seventeen hundred and eighty-seven by Adjourn- 
ment by Writ to that time from the Tuesday next preceding the 
last Tuesday of the same April by Virtue of an Act of the 
General Court made in February last past. 

The Jurors for the Commonwealth of Massachusetts upon 
their Oath present that Jacob Chamberlain of Dudley in the 
same County, Gentleman, Henry Gale of Princeton in the same 
' County, Gentleman, Josiah Jennison junior of Spencer in the 
same County, yeoman, being members and Subjects of the 
Commonwealth aforesaid and owing allegiance to the same not 
having the fear of GOD in their hearts nor having any regard 
to the Duty of their allegiance but being moved and seduced by 
a lawless «fe Rebellious Spirit and withdrawing from the said 
Commonwealth that Cordial love and due obedience, fidelity and 
allegiance which every member of the same of right ought to 
bear to it and also most wickedly and traiterously de^'ising and 
conspiring to levy war against this Commonwealth and thereby 
most wickedly and traiterously intending as much as in them lay 
to change and subvert the rule and Government of this Com- 
monwealth duly and happily established by the good people the 
Inhabitants and Citizens of the same according to their Consti- 
tution and form of Government ; and to reduce them to anarchy 
lawless power and Confusion upon the fifth day of September in 
the year of our Lord seventeen hundred and eighty-six and on 
divers other days and times as well before that time as since at 
Worcester within the said County of Worcester falsely and 
traiterously did devise and Conspire to levy War against this 
Commonwealth And then and there with a great number of 
Rebels and traitors against the Commonwealth aforesaid viz : 
the number of five hundred whose names are yet unknown to 
the Jurors being armed and arrayed in a Warlike and hostile 
manner viz with Drums beating fifes playing and with Guns, 
Pistols, bayonets. Swords, Clubs and divers other weapons as 
well offensive as defensive with force and arms did falsely and 
traiterously assemble and Join themselves against this Common- 
wealth and the Laws and Government of the same established 
by the Constitution and form of Government as aforesaid and 
then and there with force and arms as aforesaid did falsely and 
traiterously array and dispose themselves against the Common- 
wealth aforesaid and the due Administration of Justice in the 
same according to the law and Authority of the same and then 
and there with force and Arms as aforesaid in pursuance of such 



10 

their wicked and traiterous intentions and purposes aforesaid did 
falsely and traiterously prepare order wage and levy a public and 
Cruel war against the Commonwealth aforesaid and then and 
there with force and arms as aforesaid wickedly and traiterously 
did assault, imprison, Captivate plunder, destroy, kill and mur- 
der diverse of the liege subjects of the said Commonwealth in 
the peace of the said Commonwealth being and lawfully and in 
the duty of their allegiance to the said Commonwealth defending 
the same from the traiterous attacks as aforesaid all which is 
against the duty of their allegiance against the peace of the 
Commonwealth aforesaid, the law of the Commonwealth afore- 
said in such Case made & provided and the dignity of the same — 
And now in this present term before the Court here come the said 
Jacob Chamberlain and Henry Gale under Custody of the sheriff 
of said County and being set to the Bar here in their proper per- 
sons and forthwith being demanded concerning the premises in 
the Indictment above specified and Charged upon them how they 
will acquit themselves thereof they severally say that thereof 
they are not Guilty and thereof for tryal severally put them- 
selves on GOD and the Country (James Sullivan and Levi Lin- 
coln Esqrs. having been assigned by the Court as Counsel for 
the prisoners) A Jury is immediately impannelled viz Marble 
Mowers foreman and fellows namely William Bowles, John 
Mowers, Malachi Marble, Jon"- Whitney Moses Smith, Benoni 
Wollis, Jon'- Champney, William Outhank, Artemas Brigham, 
John Jacobs and Peter Taft who being sworn to Speak the truth 
of and concerning the premises upon their Oath Say that the 
said Jacob Chamberlain is not Guilty — but that the said Henry 
Gale is Guilty — It is therefore Considered by the Court that the 
said Jacob Chamberlain be discharged and go thereof without 
day. And now the Attorney General moves that sentence of 
death might be given against the said Henry Gale the prisoner at 
the Bar upon which it is demanded of him the said Henr}' Gale 
if he has or knows ought to say wherefore the Justices here 
ought not upon the premises and Verdict aforesaid to proceed to 
Judgment against him who nothing further says unless as he be- 
fore had said — Whereupon all and singular the premises being 
seen and by the said Justices here fully understood — It is Con- 
sidered by the Court here that the said Henry Gale be taken to 
the Goal of the Commonwealth from whence he Came and from 
thence to the place of Execution and there be hanged by the 
neck until he be dead. 

[See Supreme Judicial Court Record, 1787, folio 101.] 

Commonwealth v. Shattuck et al. 

At the Supreme Judicial Court of the Commonwealth of 
Massachusetts begun and held at Concord within and for the 
County of Middlesex on the ninth day of May in the year of 



11 

our Lord seventeen hundred & eighty-seven by adj(jurnment8 to 
that time by Writs from the first Tuesday of the same May in 
pursuance of Law. 

The Jurors for the Commonwealth of Massachusetts, upon 
their Oath present, that Job Shattuck, of Groton, in the County 
of Middlesex, Gentleman, and Oliver Parker, of Groton, afore- 
said. Gentleman, being members and subjects of this Common- 
wealth and owing allegiance to the same not having the fear of 
GOD in their hearts nor having any regard to the duty of their 
allegiance but being moved and seduced by a lawless and rebel- 
lious Spirit, &c , &c 

And now in this present Term before the Court here come the 
said Job Shattuck and Oliver Parker under Custody of the sheriff 
of the said County and being set to the bar here in their proper 
persons and forthwith being demanded concerning the premises 
in the Indictment above specified and Charged upon them how 
they will acquit themselves thereof they severally say that thereof 
they are not Guilty and thereof for tryal severally put themselves 
on GOD and the Country (Christopher Gore and Thomas Dawes 
Esqrs. having been assigned by the Court as Counsel for the 
prisoners) a Jury is immediately impannelled viz Sam^ Hoar 
foreman and fellows namely Samel Cutter, Josiah Capen, Jonas 
Munroe, Jacob Richardson, Eleaz'- Davis, Archelaus Felton, 
Silas Gates, Nathan Barrett, Jon*- Patch, Moses Abbot and 
Isaac Wilkins who being sworn to speak the truth of and Con- 
cerning the premises upon their Oath say that the said Job Shat- 
tuck is Guilty and that the said Oliver Parker is not Guilty. It 
is therefore Considered by the Court that the said Oliver Parker 
be discharged of tJiis Indictment — And now the Attorney Gen- 
eral moves that sentence of Death might be given against the 
said Job Shattuck the prisoner at the Bar upon which it is de- 
manded of him the said Job Shattuck if he has or knows ought to 
say wherefore the Justices here ought not upon the premises and 
Verdict aforesaid to proceed to Judgment against him, who 
nothing further says unless as he before had said. Whereupon 
all and singular the premises being seen and by the said Justices 
here fully understood It is Considered by the Court here that the 
said Job Shattuck be taken to the Goal of the Commonwealth 
from whence he Came and from thence to the place of Execution 
and there be hanged by the neck until he be dead. 

[See Supreme Judicial Court Record, 1787, folio 122.] 

Among the Worcester Files of 1787 is an original indict- 
ment against Daniel Shays, Luke Day and nineteen others. 
This, with many others, was carried forward, while the 
remainder were endorsed "not to he carried forward," and 
apparently dropped. Nothing appears, however, upon 



L.ofC. 



12 

the Records of the Court, though a careful search has been 
made, to show that this indictment was ever brought to 
trial, and the names of Sha} s and Luke Day, sometimes 
called the "Master Spirit of the Rebellion," so far as the 
extended Records are concerned, are conspicuously absent. 
In the Minute Book of Hampshire, 1787-1789, for the 
term holden at Springfield the fourth Tuesday of Sept., 
1787, it appears, in the case: — "Commonwealth v. Luke 
Day, High Treason." 

"And now in this present Term before the Court liere 
comes the said Luke Day under the custody of the Sheriff 
of said County," and being set to the Bar he pleads a mis- 
nomer — " that from his Nativity to this Time, he has been 
called and known by the Name of Luke Day, Jr." The 
pleadings are in the old elaborate form — covering more 
than tAvo length}'^, legal pages ; the Replication of Attor- 
ney-General Paine is held good, and the defendant, on 
being "held to answer over unto the charge of Treason, 
. . . says he is not Guilty, and thereof for Tryal puts 
himself on God and the Country," and " The indictment 
is continued." 

It comes up again at the Sept. Term, 1788, and is again 
continued ; and the suggestion in the message of Governor 
Hancock, 27 Feb., 1788, for " oblivion," seems to have 
prevailed. 

Worcester, ss. At the Supreme Judicial Court begun & holden 

at Worcester within & for the County of 

Worcester on the last Tuesday of April in the 

year of our Lord seventeen hundred & eighty 

seven by adjournment to that time by Writ from 

the Tuesday next preceeding the last Tuesday of 

the same April by virtue of an Act of the 

General Court made in February last past. 

The Jurors for the Commonwealth of Massachusetts upon 

their Oaths present That Daniel Shays of Pelham in the County 

of Hampshire Gentleman, Luke Day of West Springfield in the 

County of Hampshire, Gentleman, Elijah Day of said West 

Springfield Gentleman, Adam Wheeler of Hubbardston in the 

County of Worcester Gentleman, Abraham Gale of Princetown 

in the said County of Worcester Gentleman, James Williams of 

Rutland in the said County of Worcester Yeoman, Reuben 



13 

Thayer of Uxbridge in the same County Gentleman, Thomas 
Moor of Spencer in the same County Gentleman Reuben Lamb 
of Oxford in the same County Yeoman, Luther Wicker of Paxton 
in the same County Yeoman, Oliver Watson junior of Spencer 
in the same County Yeoman, Daniel Henderson of said Spencer 
Yeoman, Samuel Slocum of said Hubbardston Gentleman 
Moses Smith of Barre in the same County Gentleman Benjamin 
Convers of Hardwick in the same County Yeoman, Simeon 
Hazelton of said Hardwick, Gentleman, Francis Stone of New 
Braintree in the same County Gentleman, Joseph Richardson of 
Brookfield in the same County Gentleman, Jonathan Holman of 
Rf-rry in the same County Gentleman, Ichabod Dexter of said 
Hardwick Gentleman, Aaron Smith of Shrewsbury Gentleman, 
being members & subjects of the Commonwealth aforesaid & 
owing allegiance to the same not having the fear of GOD in 
their hearts nor any regard to their allegiance, but being moved 
& seduced by a lawless & rebellious spirit & withdrawing from 
the said Commonwealth that cordial love & due obedience, 
fidelity & allegiance which every member of the same of Right 
ought to bear to it & also most wickedly & traiterously devising 
& conspiring to levy war against this Commonwealth & thereby 
most wickedly & traiterously intending as much as in them lay 
to change & subvert the Rule & Government of this Common- 
wealth duly & happily established by the good people the 
inhabitants & citizens of the same according to their Constitu- 
tion & form of Government, & to reduce them to anarchy, 
lawless power & confusion upon the fifth day of September in 
the year of Our Lord seventeen hundred & eighty six & on 
divers other days & times as well before that time as since at 
Worcester within the said County of Worcester falsly & traiter- 
ously did devise & conspire to levy war against this Common- 
wealth & then & there with a great number of rebels & traitors 
against the Commonwealth aforesaid Viz. the number of one 
Thousand whose names are yet unknown to the Jurors being 
armed & arrayed in a warlike & hostile manner viz. with drums 
beating, fifes playing & with guns pistols bayonets swords clubs 
& divers other weapons as well offensive as defensive with force 
& arms did traiterously assemble & join themselves against this 
Commonwealth & the laws & government of the same estab- 
lished by the constitution & form of Government as aforesaid. 
And then & there with force & arms as aforesaid did falsly & 
traiterously array & dispose themselves against the Common- 
wealth aforesaid & the due administration of Justice in the 
same according to the law & authority of the same ; & then & 
there with force & arms as aforesaid in pursuance of such their 
wicked & traiterous intentions & purposes aforesaid did falsely 
& traiterously prepare, order, wage & levy a public & cruel war 
against the Coumionwealth aforesaid & then & there with force 



14 

& arms as aforesaid wickedly & traiterously did assault, 
imprison, captivate, plunder, destroy kill & murder divers of 
the liege subjects of the said Commonwealth in the peace of the 
said Commonwealth & lawfully & in the duty of their allegiance 
to the said Commonwealth defending the same from the traiter- 
ous attacks as afoi'esaid all which is against the duty of their 
allegiance against the peace of the said Commonwealth afore- 
said, the law of the Commonwealth aforesaid in such case made 
& provided & the dignity of the same. 
R. T. Paine Atty pro Repub 

a true bill 

Rufus Putnam Foreman. 
Endorsed 

Indictment vs. Daniel Shays & al. 
Treason 
War** to issue on all these. 

[See Suffolk Court Files, Worcester Sept. 1787 No. 155325.] 

Neither "color nor previous condition of servitude" 
seems to have been a bar to active participation and a prom- 
inent place in the rebellion. There is a somewhat curious 
indictment in the Hampshire Files of 1787 of Moses 
Sash, "A Captain & one of Shaizes Councill," for Misde- 
meanor. He appears to have been an active and zealous 
partisan and an efficient help, from another indictment for 
stealing^ arms and ammunition for use in the cause. 

Hampshire ss. At the Supreme Judicial Court begun & holden 

at Northampton within & for the County of 

Hampshire on the ninth day of April in the 

year of our Lord Seventeen hundred & eighty 

seven by adjournment to that time from the first 

Tuesday of the same April by writ by virtue of 

an act of the General Court made on February 

last past. 

The Jurors for the Commonwealth of Massachusetts upon 

their oath present that Moses Sash of Worthington in the County 

aforesaid a negro man & Labourer being a disorderly riotous & 

seditious person & minding & contriving as much as in him lay 

unlawfully by force of arms to stir up promote incite & maintain 

riots mobs tumults & insurrections in this Commonwealth & to 

disturb impede & prevent the Government of the same & the due 

administration of justice in the same, & to prevent the Courts 

of justice from setting as by Law appointed for that purpose & 



15 

to promote disquiets, uneasinesses, jealousies, animosities & 
seditions in the minds of the Citizens of this Commonwealth on 
the twentieth day of January in the year of our Lord seventeen 
hundred & eighty seven & on divers other days & times as well 
before as since that time at Worthington within the County of 
Hampshire aforesaid unlawfully & seditiously with force & arms 
did advise persuade incite incourage & procure divers persons 
citizens of this Commonwealth by force of arms to oppose this 
Commonwealth & the Government thereof & riotously to join 
themselves to a great number of riotous seditious persons with 
force & arms thus opposing this Commonwealth & the Gov- 
ernment thereof as aforesaid & the due administration of justice 
in the same, & in pursuance of his wicked & seditious purposes 
aforesaid unlawfully & seditiously, did procure guns, bayonets, 
pistols Swords, gunpowder, bullets, blankets & provisions & 
other warlike instruments offensive and defensive, & other war- 
like supplies, & did cause & procure them to be carried & con- 
veyed to the riotous & seditious persons as aforesaid in evil ex- 
ample to others to offend in like manner against the peace of the 
Commonwealth aforesaid & dignity of the same. 
R. T. Paine atty pro Repub 
a true bill 

SETH MURRAY foreman 
Endorsed 

Indictment vs. Moses Sash 

a Captain & one of Shaizes Councill 
Misdem'- 
[See Suffolk Court Files, Hampshire, April, 1788, Nos. 
159059, 159060.] 

Among the files are a number of original letters, used 
in evidence, and among these is one "to the good people 
of boylston," written by Sylvanus Billings and found with 
an indictment against him. These letters are usually of 
the same sort, inflammatory appeals or directions and 
instructions, — sent to individuals to be made public by 
them, — and seem to have been an instrumentality fre- 
quently employed ; at the same time they indicate the tone 
and temper and the grounds of the insurrection. 

To the good people of boylston as this is perelous times 
and blood Shed and prisoners made by tirants who are a fighting 
for promotion and to advance their Intrest wich will Destroy the 
good people of this Land — we that Stile our Selves Rigelators 
think it is our Duty to Stand for our lives and for our farailys 



16 

and for our Intrest wich will be taken from us if we Dont 
Defend them therefore we would have you take it into 

Consideration and fly to our asistance and Soon as posable in 
this Just and Rightous Cause as there must be Seperation 

made this Request from 

Daniel Shays and Adam Wheeler who are Chief Commanders 
of the army 

as I am greatly Requested by these gentlemen to notify you I 
think it my Duty to Do so 

I am your friend and humble humble Servant 

SILVANUS BILLINGS. 

December 2 : 1786. 

Endorsed 

To Mr. Joshua Stiles, Boylston. 

[See Suffolk Court Files, Worcester, Sept., 1787, No. 155325.] 

It was provided in the Acts of Indemnity that private 
suits for causes growing out of the rebellion should be 
held excluded from their operation, and that the indemnity 
granted should be no bar to actions of this character. 

There is a somewhat famous case of this sort in Esse.x 
County, that of Young v. Lamb and others — in a plea of 
trespass on the case, which illustrates the operation of the 
Act and likewise lets in light upon the events of the 
rebellion. 

COMMONWEALTH OF MASSACHUSETTS. 
Essex ss. 

At the Supreme Judicial Court of the Commonwealth 
of Massachusetts, begun and holden at Ipswich, within 
and for the County of Essex, on the third Tuesday of 
June (being the sixteenth day of said month) 
Anno Domini, 1789. — 
REUBEN LAMB, of Oxford, in the County of Worcester, 
Miller, David Stone of said Oxford husbandman, Josiah Kings- 
bury, of said Oxford, Clothier, John Barton, junior of said 
Oxford, husbandman, David May, of Spencer, in said County 
of Worcester, husbandman, Thomas Mower, of Brookfield, 
Gentleman, John Pratt of Ward, husbandman, and Luther 
Wicker of Paxton, husbandman, and all in said County of 
Worcester, appellants, vs. David Young, now conversant at 
Ipswich, in the County of Essex, Physician, appellee; from the 
Judgment of a Court of Common Pleas held at Newbury Port, 
in & for the County of Essex, on the last Tuesday of September 
last ; when and where the appellee was Plaintiff, and the appel- 



17 

lants were defendants ; in a plea of trespass on the case, for 
that the said Reuben Lamb, Uavid Stone, Josiah Kingsbury 
John Barton Jun! David May, Thomas Mower, John Pratt and 
Luther Wicker, at a place called New liraintree, viz. at New- 
buryPort, in said County of Essex, on the second day of Feb- 
ruary, in the year of our Lord, seventeen hundred and eighty 
seven, with force and arms, in and upon the said David Young, 
being the peace of GOD, and of the Commonwealth, made an 
assault, and him then and there with force as aforesaid, beat, 
wounded & evil entreated ; and then and there, with force as 
aforesaid, discharged at the Plaintiff a musket, loaded with 
powder and ball ; which ball entered the Plaintiff's left knee ; by 
reason whereof the Pits life was long dispaired of ; and he 
has thereby lost the use of his limb, and been rendered a cripple 
for life ; and other enormities then and there to the Plaintiff, the 
said Reuben Lamb, David Stone, Josiah Kingsbury, John Bar- 
ton, David May, Thomas Mower, John Pratt and Luther Wicker, 
committed : To the damage of the said David Young, as he 
saith, the sum of two thousand pounds. At which said Court of 
Common Pleas, upon the Pleadings there, Judgment was ren- 
dered, that the said Young, recover against the said Lamb, 
Stone, Kingsbury, Barton, May, Mower, Pratt and Wicker, the 
sum of two thousand pounds Damage and cost. This appeal 
was brought forward at the last Term of this Court for this 
County ; when and where the parties appeared, and the Plaintiff 
had leave to strike out the words, "on the case" in the Writ. 
And the said Lamb, by Thomas Dawes, Jun]] Esq. his Attorney, 
defended and said he was not Guilty as the appellant complained, 
and thereof put himself on the Country. And the appellee, by 
Theophilus Parsons, Esq. his Attorney, likewise. And the said 
Stone, by the said Thomas Dawes, Jun! Esq. his Attorney, 
defended when, &c. and said he was not Guilty as the Plaintiff 
complained and thereof put, &c. And the appellee by his said 
Attorney likewise. And the said Kingsbury, by the said Thomas 
Dawes, Junl Esq. his Attorney, defended when, &c. and said he 
was not Guilty as the Plaintiff complained, and thereof put, &c. 
and the appellee by his said Attorney likewise. And the said 
Barton, by the said Thomas Dawes, Jun! Esq. his Attorney, 
defended when, where, &c. and said he was not Guilty as the 
Plaintiff complained, and thereof put, &c. And the appellee, 
by his said Attorney, likewise. And the said May, by the said 
Thomas Dawes, Jun! Esq. his Attorney, defended when, where, 
&c. and for plea said he was not Guilty as the Plaintiff com- 
plained, and thereof put, &c. And the appellee, by his said 
Attorney, likewise. And the said Moore, by the said Thomas 
Dawes, Jun! Esq. his Attorney, defended when and, &c. and 
said he was not Guilty as the appellee complained, and thereof 
put &c. And the Appellee, by his said Attorney, likewise. And 



18 

the said Pratt, by the said Thomas Dawes, Junf Esqf his Attor- 
ney, defended when, &c. and for plea said he was not guilty as 
the appellee complained, and thereof put, &c. And the appellee, 
by his said Attorney likewise. And the said Wicker, by the 
said Thomas Dawes, Junf Esq'' his Attorney, defended when, 
&c. and for plea said he was not guilty in manner and form as 
the appellee complained, and thereof put himself on the Country. 
And the Plaintiff, by his said Attorney, likewise. Issue being 
thus joined, the case after a full hearing was committed to a 
Jury sworn according to Law to try the same, who returned their 
Verdict therein upon oath, that is to say, they "find each of the 
appellants, except John Pratt, Guilty and assess damages against 
each of them for the appellee, in the sum of one hundred and 
thirty five pounds ; they also find John Pratt not Guilty of the 
charge alleged against him." And thereupon a motion was made 
by the appellants in arrest of Judgment, because the damages 
were assessed severally ; which was overruled — the Verdict set 
aside, and new tryal granted. And then said appeal was Con- 
tinued unto this Court. And now the parties appear, and the 
case after a full hearing is again committed to a Jury, sworn 
according to Law to try the same, who return their verdict 
therein upon oath that is to say, they " find each of them guilty, 
and assess for the appellee damages to the amount of nine hun- 
dred pounds, against the appellants." IT IS THEREFORE 
CONSIDERED BY THE COURT, that the said David Young, 
recover against the said Reuben Lamb, David Stone, .losiah 
Kingsbury, John Barton, David May, Thomas Mower, John 
Pratt, and Luther Wicker, the sum of nine hundred pounds, 
Lawful money damage & Cost taxed at £1 1 . 5. 11. 
Exon. issued. July 7th, 1789. 
See Records of Supreme Judicial Court. 
1789. 
Folio 200. 



Among the papers in this case are some thirty deposi- 
tions giving some descriptions of the skirmish at New 
Braintree. Depositions, taken not as now b}' question and 
answer confined to the precise issue, but in the form of 
monologue by the deponent as was the old practice, — often 
full of irrelevant and extraneous matter and incidental 
digressions, — bring out vividly an occurrence as it looked 
to eye witnesses and contemporaries, and the whole scene 
is pictured before us with great distinctness, in its general 
features and its more minute details. 



19 

Suffolk Court Files. Essex. June 1789. No. 133939. 
I Samuel Flagg of Worcester in yf County of Worcester of 
Lawful age testify and declare, that on Friday the second day 
of February A D 1787 being at Leicester in said County with 
Mr John Stanton of said Worcester, and Mf Jonathan Hubbard 
of said Leicester a dep^ Sheriff, in order to Secure a debt we had 
against one Southgate, said Southgate not being at home, we 
tarried a short time until his Father should call him, who soon 
returned & surrounded the house with a Party of Insurgents of 
about 150 men under the command of Reuben Thayer & Tim^ 
Rawson of Uxbridge & Thomas Moore of Brookfield in said 
County who said they were then returning from General Shay's 
Army in order to get provisions and with orders to take up any 
Government men that they might find in arms. Mr Stanton & 
myself having Pistols they took them from us & conducted us 
about a mile to one Willsons and then Ordered us into Sleighs 
with a guard commanded by said Thomas Moore with orders to 
carry us to Pelham to Gen' Shays, we left Leicester about dark 
and proceeded on to new Braintree in said County, where we 
arrived about Eleven O Clock that night at the house of one 
Moses Hamilton an Innholder where there was a guard of about 
30 or 40 Insurgents Stationed as / supposed under the Command 
of one Capt. Reuben Lamb of Oxford in said County. Centi- 
nels were posted and hailed us before we got to the house, and 
being answered by said Moore, that we were prisoners, the word 
was given to come on when we came into the house the Guard 
sleeping on the Floor and round the Fire, it being very cold the 
said Lamb ordered them to make way for us to come to the fire, 
said Hamilton being in Bed was called up, and I requested him 
to put out our horses and get us a Bed, which was done and we 
were conducted to Bed and Centinel placed in our Chamber 
with a Candle & a Fixed Bayonet Some hours after I was 
allarmed by the Beating of the Drum, and the words Turn out. 
Turn out, I asked the Centinel the time of Night he said 2 

Clock and asked what was the noise, he made me no answer. 
Soon after I heard two Guns Fired, and in a very short time more 

1 heard as near as I could tell about 20 Guns more, I arose up 
and found the Centinel was gone and the said Hamilton with 
some women were in the Chamber & said General Lincoln's light 
horse were come, I went immediately out of the house, and found 
it Surrounded with Government Troops, and the Insurgents all 
gone I asked Doct' Frink one of the Government Troops if any 
person was killed he said no, that Doct. David Young & Jona- 
than Rice were wounded I saw them brought into the house and 
their wounds dressed. Young was wounded in the knee & Rice 
in the hand, and we soon after returned to Worcester. And I 
further testify that the said Reuben Lamb and Thomas Moore by 
directing the men at Hamiltons & on our way there appeared to 



20 

have y* Command of the Guard, and that I left them both in the 
house when I went to Bed, and further saith not. 

SAMUEL FLAGG. 

Worcester ss. September 8"*- 1788 Then personally appeared 
the above named Samuel Flagg, & after being carefully exam- 
ined & cautioned to tell the whole truth & nothing but the truth 
made oath to the foregoing declaration by him subscribed. 
Taken at the request of David Young of Ipswich in the County 
of Essex, Physician to be used in an action of Trespass to be 
tried at the Court of Common Pleas to be held at Newburyport 
within & for the County of Essex, on the last Tuesday of 
September instant, wherein the said David Young is Plaintiff & 
Reuben Lamb, Miller, David Stone, husbandman, John Barton 
junf husbandman, Josiah Kingsbury Clothier all of Oxford, 
Luther Wicker, of Paxton, husbandman, David May of Spencer, 
husbandman, Thomas Moore of Brookfield Gentleman & John 
Pratt of Ward, husbandman, all in the County of Worcester, 
are defendants. The said Samuel Flagg living more than thirty 
miles from the Place of trial is the cause of this caption. The 
said Lamb, Stone, Barton, Kingsbury, Wicker, May, Moore & 
Pratt, respectively, were duly notified, & the said Stone, Barton, 
Kingsbury, May &, Pratt attended at the Caption — the said 
Lamb, Wicker & Moore did not attend. 

Before me JOS. ALLEN Just. Pacis 
Witness attendance 

1 day 2/ ) 

taking depo' &c. 2/8 j 4/8. 
Essex ss. Court of Com. Pleas Sept' term A D 1788 
Open'd in Court 

Attest I OSGOOD Cler 

Worcester ss. 8"'' Sept. 1788, I John Nazro of Worcester in 
the County of Worcester, being of lawful age, do testify & de- 
clare that on the night of the 2"^ Feb'' 1787 I was with a party of 
about one hundred & fifty men in Sleighs & twenty on horseback, 
who by orders from Major General Jonathan Warner, march'd 
from Worcester, to Newbraintree in order to disperse a number 
of Insurgents who had taken post in that Town. On the ap- 
proach of this force, a party of the Insurgents, run some dis- 
tance towards their quarters & made a halt on a Peace of rising 
ground, near the road, leading to their quarters behind a Stone 
wall, hence they fired upon the Government party & immediately 
fled to the woods they being in a Body. Going from the house 
of M'' Hamilton, towards the meeting house, I met with M' 
Jon? Rice Sheriff, of Worcester ; who was badly wounded in his 
hand & after assisting him I went forward & found Doct' Young 
badly wounded through the knee whom I with the assistance of 
one or two more carried into M.' Hamiltous house where he was 



21 

dressed of his wounds, & afterwards he came with me to Rutland 
and I further Say that on the approach of the Government force 
to the road leading to Hamilton's house, they were hailed by a 
Sentry twice or three times, and after that immediately fired & 
further saith not. JOHN NAZRO. 

Made oath to, before I OSGOOD, Cler. 
Sept. 8, 1788. [Caption same as of foregoing deposition.] 

Suffolk Court Files, Essex June 1789, No. 133939. 
I, Elijah Dix of Worcester in the County of Worcester of 
lawful age do testify and declare that at the request of General 
Jon? Warner went to New Brantree on the night of the 2'' of 
February 1787 to assist a party of the Government troops to dis- 
lodge a party of Rebels at the house of Hamiltons luuhoUler in 
Said Brantree, about half a mile before we arrived at Said place 
heard drums beat to arms upon our advancing, being one of the 
advance Guard, a Party of s? Rebels rose up from behind a fence 
and fired upon us, & wounded 2 of our party viz M' Jon" Rice 
through the hand & arms, and Doctf David Young very badly 
in the Joint of the Knee who was immediately seized with vio- 
lent Spasms, and the pain !So exquisite that we expected univer- 
sal convulsions would Seize the whole System, which together 
with a large Hemorrhage would soon have clos'd the Sad Catas- 
trophe after his wound was dressed, it was with great difficulty 
that Said Young was removed to Rutland & put under the care 
of Doct. John Frink where he lay confined very dangerously 
Sick with Said wound so that his life was almost despaired of 
for about one month but through the Judicious treatment of his 
Surgeon with an attending blessing Said Young is so far recov- 
ered as to be able with the assistance of Crutches to carry about 
his withered deformed Limb. The misfortune has almost in- 
tirely deprived him of being usefull in his profession, his pros- 
pects were very good, all I am worth wou'd not have been any 
temptation to have taken his chance — And further the deponent 
Saith not— ELIJAH DIX. 

Worcester ss. September 81^ 1788 Then personally appeared the 
within named Elijah Dix, and after being carefully examined & 
cautioned to tell the whoU; truth & nothing l)ut the truth, made 
oath to the within written declaration by him subscribe<l, taken 
at the request of David Young of Ii)swich in the County of 
Essex, Physician to be used in action of Trespass to be tried at 
the Court of Common Pleas to be held at Newburyport within 
& for the County of Essex on the last Tuesday of September 
instant wherein the said David Young is Pit & Reuben Lamb, 
Miller, David Stone, husbandman, John Barton junior husband- 
man, Josiah Kingsbury Clothier, all of Oxforil, Luther Wicker 
of Paxton hubbandmau, David May of Spencer husl>audman, 



22 

Thomas Moore of Brookfield Gentleman & John Pratt of Ward 
husbandman, all in the County of Worcester are defendants. 
The Said Elijah Dix living more than thirty miles from the place 
of trial is the cause of this caption. The Said Lamb, Stone, 
Barton, Kingsbury, Wicker, May, IMoore & Pratt were respec- 
tively, duly notified, & the Said Stone, Barton, Kingsbury, May 
& Pratt attended at the Caption. The said Lamb, Wicker & 
Moore did not attend 

Before me JOS. ALLEN Just. Pacis 
Witness Attendance 1 Day 2/ 
taking depositions &c. 2/ 



Essex 88. Court of Comon Pleas Septemf term 1788 
Opeud in Court 

Att I OSGOOD Cler. 

I Timothy Shaw of New Braintree in the County of Worcester 
Yeoman of Lawful Age do Testify & say that on the Night of 
the second, or rather on the morning of the Third day of Feb- 
ruary A D 1787 being the time when a party of the Government 
Troops under the Command of General Warner, were sent from 
Worcester to New Braintree, in order to Disperse a Guard of the 
Insurgents then stationed in said New Braintree, at the House 
of Moses Hamilton. That on said Night between the hours of 
Twelve & one of the Clock, I being in my own House in Bed & 
asleep One Oliver Witt of Paxton in the said County came to 
my house and waked me up & desired me to go up in Town to 
said Hamiltons, for that they the Insurgents Guard expected a 
party of the Government Troops to make an Onsett upon them, 
&c. I was very looth to go, but by his Urging I got up Dressed 
me & went with him to said Hamiltons, when the Insurgents 
party wanted me to Join them & take up Arms & help Defend 
the Ground &c. but I diclined & did advise them One & all not 
to fire upon the Government Troops (in Case they should come) 
but by all means to Quit the Ground in Season & make no 
resistance. After which the said Oliver Witt & myself left them 
and set out to go back to back to my house Witt, went on, I 
made a little Halt but soon overtook said Witt and we were 
standing both together in the Road leading south from said 
Hamiltons to my house & were a Quarter of a mile distant from 
sd. Hamiltons, when we heard the Firing which was still North 
from said Hamiltons House as it appeared afterwards, but said 
Witt, nor myself saw none of the Firing, nor one of the Govern- 
ment Troops that Night being at the time thereof both together 
& at the distance above mentioned. Soon after we heard said 
Firing we (s*^ Witt & myself) left the Public Road aforsaid & 
went ofif as much as half a Mile Easterly in to a Pasture & sat 



23 

down together (having neither of us any Arms) where we sat as 
much as three Quarters of an hour when we heard the Report of 
one single Gun. Said Oliver Witt was Terribly affrighted & 
wished me not to leave him & begged me to convey him down to 
Spencer Privately and he would give me 40 Dollars in Cash, I 
declined, but went with him about a mile & half to the House 
of one Harrington being in a Remote part of the Town of New 
Braintree where I left him said Witt, about the Breaking of the 
Day, and went home, & have not seen said Oliver Witt from that 
Day to this. I am Certain said Oliver Witt could not be an Eye 
Wittness of the Transactions of the said Night he being with 
me the whole of the Time of Said Firing and Skirmish as I have 
before declared, I further Say not. 

TIMOTHY SHAW 
New Braintree 
October 24*^ 1788. 

Worcester ss. October 24*^ 1788. 

Then the abovenamed Timothy Shaw Personally appearing, 
having been carfuUy Examined and duly Cautioned to tell the 
whole Truth made solemn Oath that the above Declaration by 
him Subscribed is the Truth, the whole Truth, and nothing but 
the Truth. 

Taken at the Request of Luther Wicker, to be used in an 
Action of Trespass to be heard and Tried at y® Supreme Judicial 
Court next to be holden at Salem in & for the County of Essex 
on the First Tuesday of November next, between David Young, 
resident at Ipswich in said County of Essex, Physician, Plaintiff 
and the said Luther Wicker & others Defendants the adverse 
party living more than Twenty miles from the place of Caption 
was not notified nor present. And the Deponent living more 
than Thirty miles from the place of Trial is the Cause of this 
Caption, before me 

PERCIVAL HALL Just? Pads 
Deponents Fees ^ 
Travel & attendence >- — 5 — 4 
Justicis Fees J — 6 — 

Defendents attendance') 
one Day 1/6. Travel [■ 0—3—0 
10 miles 1/6 ) 



£ 0—14—4 
Examd. pT P. HALL Jus pacis 

Endorsed 

To the Hon**-', the Justices of the Supreme Judicial Court of 
the Commonwealth of Massachusetts next to be holden at Salem 
in & for the County of Essex on the First Tuesday of Novem- 
ber A. D. 1788. 



24 

The Deposition of Timothy Shaw of New Braintree, County 
of Worcester to be used in an Action of Trespass, David 
Young Plaintiff vs Luther Wicker & others Defendants 
Taken & Sealed by me 

P. HALL Jus! pacis 

I John Stanton of Worcester of Lawful age testify & declare 
that in the afternoon of Friday 2? February 1787 that Col? Flagg 
& myself went to Licester to one Southgates house to endeavor 
to collect a Debt he owed us, that while we were there the house 
was surrounded by a number of Armed Men believe about 50 
or 60 and entered the house, and made prisoners of M^ Flagg 
«& myself and carried us to one Willson's about one mile dis- 
tance, where after some consultation, they concluded to Send us 
on to General Shays, and procured a Slay & gard for that 
purpose & Thomas Moore was Captain of the gard about 11 
oclock of the same evening we arrived at New Braintree at the 
house of one Hamiltons a Tavern keeper, where we found about 
30 men with Arms &c. under the Command of one Reuben 
Lamb of Oxford after staying in the room with them about half 
an hour they concluded to go no further with us that night, we 
desired liberty to go to Bed and they Set a Centry over us while 
in Bed about 2 hours after I heard a good deal of noise in the 
house and a drum beating in the chamber where I asked the 
C'entry what the matter was, he made no answer, about 15 
minutes after I heard two Guns, and in about a minute more I 
heard 20 or 30, I immediately got up found the Centry gone, 
and some women in the Chamber holloimng that Lincolns light 
horse was come I immediately went down Stairs and found the 
house surrounded with Governments troops I went out and was 
informed that Mr Young was wounded, he was soon bro't into 
the house and I saw him unbutton his Knee & the Bullet fell 
on the floor. And I further say that Reuben Lamb and Thomas 
Moore lohere both in the house when I went to Bed. 

I further declare that on my arrival at M"^ Hamiltons house in 
the Evening the men I found there appeared to be under arms & 
Subject to Millitary rule & orders and on the beating of the drum 
I heard the cry turn out and the people appeared to be muster- 
ing & turning out 

JOHN STANTON" 

Worcester ss. Sept. 8, 1788 Taken at the request of David 

Young &c. &c. before JOS. ALLEN Just. Pacis 

Oliver Witt of Lawful age testifieth & saith that sometime in 
the beginning of the Month of February in the year 1787 that 
this deponent was at New Braintree, in the County of Worcester 
and Commonwealth of Massachusetts with about thirty men 
armed with Guns as a guard to oppose the Government of the 
Massachusetts, & under the Command of Reuben Lamb of 



25 

Oxford, that about one o clock at Night we had information that 
there was an armed force Sent by Government to apprehend us, 
and were then on their march upon which Information there was 
given to Said Guard to turn out, and the drums beat to arms, 
and this deponent Saw said Guard turn out to oppose the party 
Sent by Government, among whom were the said Reuben Lamb 
of Oxford Commander, David Stone of Oxford, Josiah Kings- 
bury of Oxford, John Barton f of Oxford David May and 
Thomas Moore both of Spencer, and Luther Wicker of Paxton 
all in the County of Worcester & John Pratt of Ward in said 
County and this deponent saw said guard a part of them sent as 
Pickett guard go to hale the party sent by Government as they 
approached, while the other part placed themselves some behind 
Fences & Some in one place and some in another, and when the 
party sent by Government approached Said Piquet, your depo- 
nent Saw Said Guard retreat and fire upon the Government 
Party and as Said Government party advanced towards the 
house of M Hamilton where we had been stationed this depo- 
nent Saw the other part of our Guard fire upon the Party Sent 
by Government in all about thirty guns and then make their 
escape with all possible Speed into the woods & other places 
and further your deponent Saith not. OLIVER WITT " 

•State of Vermont Windham ss August 20- 1788. Then per- 
sonally appeared the within named Oliver Witt &c &c — and 
made oath to the above before 

SAML KNIGHT Justice of the Peace 
&c. &c. &c. 

And Joshua Barnard testified to havinir heard John 
Pratt say " he wished the ball had gone a little higher, and 
then he should not have been put to any trouble about the 
matter." 

There is also among the Essex files an indictment 
against James Maloon, for sedition. It is contained in a 
collection of papers endorsed " from Sundry Old indict- 
ments taken out of ("ontiiuied File of Nov. Term 1788, 
and not further to be carried forward." Some points of 
interest are brought out by this, and it is illustrative of 
other similar papers. 

From Suffolk Court Files, Essex, Dec. 1788, No. 133826 

Essex 88. At the Supreme Judicial Court begun and holden at 

Ipswich within and for the County of Essex on the 

third Tuesilay of June in the Year of our Lord 

Seventeen hundred and Eighty seven. 

The Jurors for the Commonwealth of Massachusetts upon 



26 

their Oath present that James Maloon of Methuen in the County 
of Essex Gentleman, being a disorderly Riotous and Seditious 
Person, and minding and contriving as much as in him lay 
unlawfully by force of Arms to stir up, promote and incite and 
maintain Riots Mobs Tumults and Insurrections in this Com- 
monwealth and to disturb and impede the Government of the 
Same and the due Administration of Justice in the Same And^ 
to prevent the Courts of Justice as by Law appointed for that 
purpose and to promote disquiets, Uneasinesses, Jealosies, Ani- 
mosities and Seditions in the minds of the Citizens of this 
Commonwealth on the thirtieth day of November last past at 
Methuen in the County of Essex aforesaid in the hearing of A 
great Number of liege Subjects and Citizens, Speaking of the 
disquiets, tumults And Insurrections then Subsisting and of the 
Orders of the Government of this Commonwealth to raise the 
Militia to Suppress and Subdue them, and addressing himself 
to Caleb Swan a Captain of a Company of the Militia in that 
Town he the said James Maloon with force and arms malisi- 
ously and Seditiously did utter and assert the following malisious 
and Seditious Words Viz- what think you of the times, you have 
Orders for your men to stand ready (meaning that the said 
Capt. Swan's Militia Company was ordered to be ready to march 
in Support of Government), I expect you intend to march your 
Company in Support of Government if one man is Called for 
(meaning if one man is called for to march in Support of 
Government) I (meaEing himself the said James Maloon) 
Mean to go on the other side (meaning that he the said James 
would go in opposition to the Government of this Common- 
wealth, and if I see you there in defence of Government mean- 
ing the said Captain Caleb Swan in Support of this Government) 
you shall be the first man 111 Kill: Bowdoin, meaning his 
Excellency James Bowdoin, Esq'- the then Governor of this 
Commonwealth is a Tory: Philips, meaning the honorable 
Samuel Philips jun"^ Esq""- then a Senator for the District of 
Essex in this Commonwealth is a Tory : and that the said James 
Maloon then and there for the Seditious wicked and destructive 
purposes before mentioned maliciously and Seditiously did 
circulate and Communicate and Cause to be Circulated and 
Communicated to numbers of the liege Subjects and Citizens 
of this Commonwealth then Called upon to be in readiness to 
Support the Government and due Execution of the Laws of 
the Same, a certain malicious and seditious Letter purporting 
to be wrote and signed by Daniel Shays, Luke Day and Eli 
Parsons to the said James Maloon, requesting him the said 
James Maloon to raise the people in Opposition to the Govern- 
ment of this Commonwealth and the Sitting of the Courts of 
Justice therein And afterwards Viz' on the nineteenth day of 
June aforesaid in the year aforesaid the said James Maloon 



27 
* 

Still continuing his Malicious aud Seditious disposition aforesaid 
at Ipswich aforesaid iu the County aforesaid in the hearing of 
a great Number of liege Subjects of this Commonwealth for 
the Seditious purposes aforesaid did utter & assert the following 
Scandalous and Seditious Words Viz', the General Courts and 
the Government has been guilty of great cruelty in taking up 
persons on suspicion only without any ground and had refused 
to bail them particularly John Ford, (meaning Capt .lohn Ford 
(pf Chelmsford : the Judges of the Supreme Judicial Court had 
a great deal of pay without doing anything for it, We have a 
bad Constitution, meaning, the Constitution of Government of 
this Commonwealth) and Bowdoin (meaning the honorable 
James Bowdoin Esq!") made it for the P^molument of himself 
and his Family : Some of the Acts of the General Court are 
Devillish and come right from Tophet all which is in evil 
Example to others to offend in like manner, against the peace 
of the Commonwealth aforesaid and Dignity of the Common- 
wealth aforesaid and Dignity of the same 
R, T. PAINE Atty pro Republica — 
a true bill 

JOHN WINGATE I Foreman. 

Endorsed "Indictment v. James Maloon for Sedition" 
" N. B. let a Warrant Issue & be sent Bradly of Haverhill 
1 Sept. 1787. 

From the printed copies of Proclamations by the Gov- 
ernor among the files and used in the trial of cases, has 
been taken that of Governor Hancock, dated 15 June, 
1787. 

There are also others similarh^ used, among them one 
directly connected with the Courts, springing out of the 
Act disqualifying any concerned in the rebellion from 
future service as jurors. 

(seal) 
COMMONWEALTH OF MASSACHUSETTS. 

BY HIS EXCELLENCY 

JOHN HANCOCK, ESQUIRE, 

GOVERNOUR OF THE COMMONWEALTH OF MASSACHUSETTS. 

A PROCLAMATION. 

WHEREAS the Legislature of this Commonwealth, with an 

intention, " not only to adopt every vigourous and efficacious 

method, necessary to suppress the i)resent traiterous opposition 

to the laws, and to restore peace and harmony to the Common- 



28 

wealth, but also to repeat the offers of grace and mercy to the 
penitent citizen, and to extend the same as far as may be con- 
sistent with the true interest of this Commonwealth, and the 
security of her citizens in future ; " have, by a resolve of the 
thirteenth day of June, instant, made provision for the raising 
and supporting a force, to defend the Commonwealth, against 
all wicked and rebellious men ; and have also with a very exten- 
sive clemency, by the same resolve provided, that, " each and 
every citizen of this Commonwealth, who have committed any 
treasons or misprisons of treason against the same, since the first 
day of -June, A. D. 1786, be, and they thereb}^ are indemnified 
for the same, and for all felonies which had been perpetrated by 
any of the said citizens in the commissions of treasons, and which 
are overt acts of the same ; and each and every citizen aforesaid, 
are thereby discharged of all pains, penalties, disqualifications 
and disabilities of the law in such case, made and provided : 
PROVIDED, That pursuant to the said resolve, such of said of- 
fenders, who have not taken and subscribed the oath of allegiance 
to this Commonwealth, since the first day of June, A. D. 1786, 
shall take and subscribe the said oath, before any Justice of the 
Peace within the Commonwealth, on or before the twelfth day 
of September next ; excepting out of the same indemnification, as 
well all such persons as had been convicted of such crimes by 
due course of law, as Daniel Shays, of Pelham, Gentleman, Luke 
Day, of West-Springfield, Gentleman, both of the county of 
Hampshire, and Lieutenant-Colonel William Smith, of the same 
county, Eli Parsons, of Adams, Gentleman, Perez Hamlin, of 
Lenox, Yeoman, Elisha Manning, of a place called the Eleven 
Thousand Acres, Yeoman, David Dunham, of Sheffield, Yeoman, 
Ebe/iezer Crittenden, of Sandisfield, Yeoman, Jacob Fox, of 
Washington, Gentleman, all within the county of Berkshire, 
whose Climes are so attrocious, and whose obstinancy so great, 
as to exclude them from an offer of that indemnification, which 
is extended to those who have been misled, and are not so 
flagrantly guilty. 

I have' THEREFORE, BY AND WITH THE 
ADVICE OF COUNCIL, AND AT THE REQUEST OF 
THE GENERAL Court, thought fit to issue this Proclamation, 
that the extention of mercy and indemnification offered by the 
Legislature, may be fully known, to those unhappy offenders 
who are the objects of it, and who have been deceived by wicked 
and designing men, and to give them assurances of their indem- 
nification for all past treasons, misprisions of treason and fel- 
onies, and of being again renewed to the arms of their country, 
and once more enjoying the rights of free citizens of the 
Commonwealth. 

As the lenient measures taken by the General Court, coin- 
ciding with the wishes of all good men who love their country, 



29 

and ardently wish for the perfect restoration of peace and tran- 
quility, cannot fail to convince the people of the whole State, 
that should the unhappy and deluded offenders, the subjects of 
said indemnity, again spurn at the clemancy of government, and 
continue their attrocious and traitorous exertions to overthrow 
the Commonwealth, the most spirited and decisive measures must 
be adopted : And I cannot but believe, that the good sense of 
my fellow-citizens, the regard the people have for the Consti- 
tution of civil government established by themselves ; their 
knowledge of their true interest; the obvious necessity of good 
government, and the unhappy and distressing consequences of 
supporting government by the sword, will unite all ranks and 
orders of men, in the pursuit of peace, good order and due 
obedience to the laws. 

AND all officers civil and military, who may be called upon 
in the duty of their offices to carry the resolve aforesaid, into 
execution, are hereby strictly enjoined to yield a ready and 
punctual attention to the same. 

GIVEN at the COUNCIL -CHAMBER, in Boston, the fif- 
teenth day of June, in the year of our LORD, one thousand 
seven hundred and eighty-seven, and in the eleventh year of 
the Independence of the United States of AMERICA. 

JOHN HANCOCK. 

By his Excellency's Command 

JOHN AVERY, jun. Secretary. 

Let Warrants Issue ag^ Daniel Shays & the others within 
Named (except Perez Hamlin & Manning Who are in Custody) 
returnable to the Supreme J Court next to be held at N. Hamp- 
ton, to the end Scire Facias ut legatum may Issue after that 
Term in case they are not taken. 

Proclamation of Indemnity. 
9 excepted 



Warrant issued 

Nov^ 15th. 1787. 
vs. Shays 
Day 
Parsons 
Crittenden 
& 
Fox 

N. B. Could not find y^ Smith & Dunham were indicted 
An» Warrant issued Jany 7th. 1788 directed to the 
Sheriff of the County of Suffolk ag"* Luke Day. 
No. 159233. Suffolk Court Files. 



30 

In the "Laws and Resolves," as published by the Com- 
monwealth, appear many which have been "taken from 
the court record." 

A brief summary of these as well as others, and of the 
Messages of the Governor is here added. They all illus 
trate and explain the legal proceedings as well as set out 
the action of the Government, and seem a necessary part 
in giving the side of the Rel)ellion seen in the Courts. 



Laws and Resolves 

of 

Massachusetts. 

1786-7. 

1786. 

eh. 44. An Act granting indemnity to sundry offenders, on 

certain conditions, and providing for the trial of such, 
who shall neglect or refuse to comply with said condi- 
tions, and of those who shall be guilty of like offences 
in future. 

p. 111. (providing for trial before Sup. Jud. Court.) 
ch. 51. An Act in addition to said Act. 

(providing more specifically as to trials in 
Counties other than that where the offence 
p. 166. committed.) 
ch. 65. An Act for preventing persons serving as Jurors, 

who in consequence of having been concerned in the 
present rebellion, are disqualified therefor, 
p. 198. 
ch. 98. Resolve of November 10, 1786, showing an interrup- 

tion of the Supreme Judicial Court by the rebellion, taken 
from the Court Records — authorizes the Court to sit at 
Lenox the following May, '' the Justices of the said 
Court, by reason of the commotions, tumults and dis- 
orders in said County" "having been prevented from 
holding the said Courts " at the regular October Term 
preceding at Great Harrington, 
p. 390. 



In general the Supreme Judicial Court seems to have 
held its own and to have kept its regular sessions in spite 
of the commotions. 



31 

1786 Resolve for re-enlisting troops under General Lincoln, 

ch. 16 and granting a bounty ; and requesting the Governor 
to issue a proclamation for apprehending the principals 
of the rebels, and offering a reward for that purpose, 
and to request the Governors of other States to issue 
similar proclamations. 

p. 433 (providing for 1500 men — for 4 months — bor- 
rowing £40000 ; — bounty 20' — pay 40s. pr m° — 
Reward not exceeding £150. for apprehension 
of any ringleader — ) 

ch. 19 A Resolve made necessary on the petition of the town 
of Groton, in (.'onsequence of its Constables and tax 
collectors, Job Shattuck, Benjamin Page and Jacob 
Lakin Parker, being concerned in the rebellion — 
p. 436 

ch. 56. Act, describing the disqualifications to which persons 
shall be subjected, who have been, or may be guilty 
of treason, on giving aid or support to the present 
rebellion, — and to whom a pardon may be extended, 
p. 176. 

ch. 29. Resolve requiring prompt payment of taxes — 
p. 440. 

ch. 30. Resolve requesting Governor to lend Gen. Lincoln 
£306 for purpose of enlisting men — 
p. 441. 
" 35. p. 443. Same purport— Gen. Ward £500—. 
" 140. Resolve on Report of Committee on Major General 
Shepard's letter of Feb. 1787. — requesting Governor 
to issue a proclamation warning against the purchase 
of real estate from any persons concerned in the 
rebellion except in certain cases described — 
And looking to the arrest of rebels moving out of 
State, 
p. 513. 

ch. 145. Resolve for appointment of three Commissions for the 
Counties of Middlesex, Hampshire, Worcester and 
Berkshire to conduct proceedings for granting indem- 
nity— 

And excepting from any promise of indemnity 
Daniel Shays, Adam Wheeler, Eli Parsons and Luke 
Day — by name and certain classes of persons — 
p. 515. 

ch. 146. Resolve for payment of £50 to each of such Commis- 
sioners, Hon*"^ Benjamin Lincoln, Hon"* Samuel 
Phillips, and the Hon*"* Sam> Alliu Otis, 
p. 516. 

1786. 31 May Report of the Commissioners — 

& thence to in full — April 27. 1787. 



32 

25 Apr. 1787 read and accepted April 30 in House — 

by prorogation Read & Concurred in — in Senate Apr. 30. 

and Adjournments. 

ch. 14. p. 528. 

ch. 21. Resolve for raising from troops in service if practicable 
or from citizens at large 500 to 800 men — to be formed 
into one regiment — 6 mos. 
also 
That " whereas it is the intention of this Court not 
only to adopt every vigorous and efficacious method 
necessary to suppress I he present ti'aiteious opposition 
to the laws, and to restore peace and harmony to the 
Commonwealth, but also to repeat the offers of grace 
and mercy to the penitent citizen, and to extend the 
same as far as may be consistent with the true interest 
of this Commonwealth, and the security of her citizens 
in future : — Therefore it is further Resolved, that each 
and every citizen of this Commonwealth, who have 
committed any treason or misprisions of treason, 
against the Commonwealth, since the first day of June 
A. D. 1786, be, and they are hereby pardoned and 
indemnified for the same, and for all felonies which 
have been perpetrated since the time aforesaid, by any 
of the said Citizens, in the commission of such treasons, 
and which are overt acts of the same : And each and 
every of the Citizens aforesaid, are hereby discharged 
of all the pains, penalties, disqualifications and disa- 
bilities of the law in such cases provided ; and any of 
the citizens aforesaid, may upon trial for any of the 
said offences, give this resolution in evidence upon the 
general issue, which shall have the same operation, as 
if specially pleaded, except as hereinafter provided." 

providing further that "they hereby are restored to 
all the rights and privileges of citizens, to all intents 
and purposes whatever ;" — 

also for receiving back any arms delivered up ; 
The Resolve excepts "Daniel Shays of Pelham, in 
the County of Hampshire, Gentleman, Luke Day, of 
West Springfield in the same County, Gentleman, 
Lieutenant Colonel William Smith, of the same County, 
Eli Parsons of Adams, in the County of Berkshire, 
Gentleman, Perez Hamlin, of Lenox, in the same 
County, yeoman, Elisha Manning, of a place called 
the Eleven Thousand Acres, in the same County, 
yeoman, David Dunham, of Sheffield in the same 
County, yeoman, Ebenezer Crittenden, of Sandis- 
field, in the same County, yeoman, and Jacob Fox, 
of Washington, in the same County, Gentleman; but 



33 

they and each of them shall be liable to be tried, con- 
victed and punished for any of the offences aforesaid, 
in the same manner as if these resolutions had not 
been made." — 

And excepting also all, who not having taken the 
oath of allegiance, shall not take it before the 12'*' of 
the next September — 

And providing further that tiie resolution shall not 
"extend to any person or persons whatever, who 
stand convicted of any of the offences aforesaid, by 
due course of law, but the power of pardoning the 
same, remains subject to the discretion of the Gov- 
ernor, with the advice and consent of the Council, 
agreeably to the Constitution of this Commonwealth." — 
And providing further that the resolution shall not 
"extend to bar any civil action already commenced or 
which may be hereafter commenced for the recovery of 
damages occasioned by the commission of any of the 
offences aforesaid " — 
p. 677. 

ch. 22. p. 680. Resolve requesting Governor to issue his 
Proclamation, publishing indemnity and pardon agreea- 
bly to this Resolution — 

1786 

ch. 1. Message of Governor James Bowdoin, September 28, 
1786, occasioned by " the tumults and disorders, which 
have lately taken place in several Counties within this 
Commonwealth, and the consequent obstructing the 
Courts of Common Pleas, and General Sessions of the 
Peace, in those Counties." 
p. 927. 

ch. 5. Message "on the subject of the insurrection in the 
County of Hampshire, for preventing the sitting of the 
Supreme Judicial Court, the last week, at Springfield." 
Wherein "it gives me pleasure to observe, that the 
Court behaved with great firmness and propriety : & 
in a manner that dignifies their dignified character," 
Oct. 2, 1786— 
p. 937. 

ch. 55. Message as to any measures necessary on occasion of 
Sittings of Supreme Judicial Court at Taunton and 
Cambridge— Oct. 23. 1786— p. 947 

ch. 77. Message as to apprehended Troubles in the County of 
Hampshire— Nov^ 6, 1786. 
p. 949. 

ch. 96. Message — setting out the measures taken " for the 
support of the Supreme Judicial Court" at Cambridge, 
at its sitting Nov. 1. 
p. 956. 



ch. 2. 3 


.10. 15. 


31. 32. 


1787. 


ch. 1. 



34 

ch. 1. Message of February 3, 1787 — Upon the Situation in 
general ; — the disorders which had occurred, the meas- 
ures which had been taken, and a consideration and 
discussion of the whole matter, 
p. 959. 

Further Messages on same matter — 
p. 964—967, 972—973. 

Message of Governor John Hancock. 
October 17, 1787. Addressed to the Legislature " in 
a Speech " : — 

Wherein he refers to the rebellion, the measures 
taken, the final issue of the matter, and congratulates 
the General Court " on the return of peace & good 
order thus far"; and expresses "the sentiment, that 
this unhappy occurrence cannot be considered as a 
certain mark of the indisposition of the people to 
good order & government," reviewing the case of 
" similar insurrections ... in the history of all 
Countries " and setting out the Constitutional con- 
ditions in this Commonwealth for the redress of griev- 
ances, and expressing his confident hopes for the 
future. 

He then refers to the pardon of four of the principal 
offenders, who had before been excepted from in- 
demnity &c. : — 

" The Legislature having by this Act of the thir- 
teenth of June, indemnified from criminal prosecution 
all the persons concerned in the late Commotions, 
excepting those convicted of crimes & nine others 
specially named in the Act ; the Supreme Executive, on 
similar sentiments, conceived that a pardon to Jason 
Parmenter, Henry McCullock, Henry Gale, & Job 
Shattuck, who were then under sentence of death for 
treason, might be granted consistently with the dignity 
& Safety of the Government, & that such a measure 
would have a tendency to restore the publick tran- 
quillity, to conciliate the affections of the people, & 
to establish peace in the State. Accordingly, by and 
with the advice of Council, on the thirteenth day of 
September, I sealed a pardon for those persons." 
p. 992. 

Message of Gov. Hancock 27 February 1788, " in 
a Speech." — 

Wherein among other things he says : — 

" Since the last Session, Luke Day, one of those 
persons for whose arrest a bounty was offered in con- 
sequence of an Act of the Legislature, has been taken 



35 

by some of the Citizens of New Hampshire, to whom 
one hundred pounds has been paid, upon their deliv- 
ering him into the Custody of the Sheriff of the County 
of Suffolk. Could the late unhappy commotions be 
thrown into oblivion, consistently with the honor of 
Government, & the Safety of the people, I persuade 
myself it would give Satisfaction." 
p. 996. 

1788. "Resolve for pardoning Treasons in the late 

ch. 75. Rebellion"— 

After providing for the protection of persons acting 
in behalf of the Government or upon its side, and 
indemnity for Acts done, it is 

" Resolved that all and every Citizen and Citizens of 
this Commonwealth who have been concerned in the 
Insurrections & Rebellion aforesd as well those who 
have been guilty of Sedition & Seditious Practices as 
those who were excepted by Name in the Resolution of 
Indemnity passed on the 13*'' day of June in the Year 
1787 are fully and freely indemnified for all Seditions, 
Seditious Practices Treasons and Misprisions of Trea- 
sons & for all Felonies committed in pursuance thereof, 
and are hereby entitled to the indemnity and to all 
the Benefits & Advantages of the said Resolution. 
Provided nevertheless, that nothing in this Resolve 
shall be construed to indemnify or extend to any Per- 
son or Persons who have been convicted in due Course 
of Law of any of the Crimes and Offences mentioned 
in the foregoing Paragraph, or to any Person or Per- 
sons who having been guilty of any of the said Crimes 
Shall neglect to take and subscribe the Oath of Alle- 
giance ; or to any of the Persons who were 

excepted by name in the said Resolve of June 13"^ 
A D 1787 and excluded from the Benefit of the 
Indemnity therein granted who Shall at any Time here- 
after accept or hold any Office civil or military within 
this Commonwealth." 

And also the provision that it shall be no bar to 
Civil Actions. 

It has not been attempted in this paper to present any 
exhaustive treatment of the subject or to give any more 
than an inconsiderable fraction of the material at hand, 
but rather merely to use a few illustrative matters from it, 
and to give here and there a glimpse of this one phase of 
Shays's Rebellion. 



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